CORRESPONDENCE
,,( v4/Z 6 '1_ uCJ-,t'
The City of Boynton Beach
OFFIG'E OF THE CITY ATTORNEY
100 E. BOYNTON BEACH BOULEVARD
P. O. BOX 310
EO YNTON BE"'ACH, FLORIDA 33425-
0310
: (56]) 742-6050
FAX: (56]) 742-6054
VIA FACSIMILE ONLY
(561) 274-8305
May 6, 2005
Carl Cascio, Esquire
525 NE 3rd Avenue
Delray Beach, Florida 33444-3818
./
Re: Revocable License Agreement for Florida Collision Center
Dear Mr. Cascio:
Attached please find a drafurdvocable License Agreement for your review and comment.
Should you have any questions or comments, please do not hesitate to contact me.
Very truly yours,
/!1ld~' J!l~
~ichael J. P Jelczyk j II
Assistant Ci Attorney / /
MJP /lms
cc: Jeff Livergood
David Kelley
Pete Mazzella
Ed Breese
S:\CA\LETIERS\Atty Cascio- Records Production - Brown.dot
AMERIOA'S GATEWAYTO THE GULFSTRJiJAM
The City of Boynton Beach
OFFI()E OF THE CITY ATTORNEY
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX310
BO YNTON BEACH, FLORIDA 3342.5-
0310
: (.56]) 742-60.50
FAX: (.56]) 742-60.54
VIA FACSIMILE ONLY
(561) 274-8305
May 6, 2005
Carl Cascio, Esquire
525 NE 3rd Avenue
Delray Beach, Florida 33444-3818
Re: Revocable License Agreement for Florida Collision Center
Dear Mr. Cascio:
Attached please find a dra~reVocable License Agreement for your review and comment.
Should you have any questions or comments, please do not hesitate to contact me.
ve:~tru~IYYO~S' A vLf
cC' 'J
4Jc,e,' ,'. pJ!', #6
Michael 1. fiCZYk 1)
Assistant cJjl~tomey 1/
MJP/lms
cc: Jeff Livergood
David Kelley
Pete Mazzella
Ed Breese
S:\CA\LETTERS\Atty Cascio- Records Production - Brown.dot
AMERIOA '8 GATEWA Y TO THE GULF8TREAM
DRAFT
PREPARED BY AND RETURN TO:
Michael J. Pawelczyk, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
Space Reserved for Recording Information
REVOCABLE LICENSE AGREEMENT
THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") entered into
on this _ day of , 2005, by and between:
CITY OF BOYNTON BEACH, a Florida municipal
corporation (the "City"),
and
, a
(the "Licensee").
WHEREAS, Licensee owns real property adjacent to a City alley right-of-way
located between N.E. 8th Avenue and N.E. 9th Avenue and between N. E. 3rd Street and
Railroad Avenue ( aka N.E. 4th Street) in Boynton Beach, Palm Beach County, Florida;
and
WHEREAS, the City is presently the owner of this dedicated 10' alley right-of-
way; and
WHEREAS, the dedicated right-of-way aforementioned IS depicted on the
attached Exhibit "A"; and
WHEREAS, the Licensee desires to occupy and use a portion the property within
the right-of-way adjacent to its property and desires to enter into a Revocable License
Agreement with regard to the use of the right-of-way as set out below; and
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WHEREAS, pursuant to Resolution No. _, adopted at its meeting of
, 2005, the City Commission of the City of Boynton Beach
authorized the proper City officials to enter into this Revocable License Agreement;
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the adequacy and sufficiency of which are acknowledged, the
parties agree as follows:
1. Recitals. The above recitals are true and are incorporated into this
Agreement.
2. Grant of License. City hereby grants to Licensee the revocable right,
license and privilege of using a portion of the property (the "License Area") within the
right-of-way depicted on Exhibit "A" subject to the limitations and conditions hereinafter
set forth. Licensee is the owner of real property adjacent to said License Area;
Licensee's property being more particularly described in Exhibit "B" attached hereto and
incorporated herein.
3. Term. The term of this License shall commence the day of
2005, and shall expire ten (10) years from that date, unless terminated earlier as
hereafter set forth. The Agreement may thereafter be renewed for successive terms of
five (5) years each upon the mutual consent ofthe parties.
~ . I
4. Compensation. Licensee shall pay the City a one time document
preparation charge of AND 00/100 ($ .00) DOLLARS, and an annual
license fee of ONE AND 00/100 ($1.00) DOLLAR, payable in advance for the initial
term of the Agreement. Accordingly, the initial payment by Licensee to City for the
initial term of ten (10) years is AND 001100 ($_.00)
DOLLARS. In the event of termination or revocation of this Agreement, there shall be
no refund of any portion of the License Fee.
5. Use of Premises.
a. Licensee shall use and occupy the License Area only for
uses not inconsistent with this
Agreement or in a manner contrary to applicable law. Licensee is
authorized to install security fencing, subject to the Code of Ordinances
and applicable permits being obtained at Licensee's expense and cost.
b. License Area shall not be used for any other purpose by Licensee without
an advance written amendment ofthis Agreement.
c. Licensee further agrees that all City, public, and private utilities have
rights to locate said utilities and necessary facilities in the License Area,
and the right to access said License Area to construct, maintain, replace,
and repair said utilities and associated facilities. City shall be permitted
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immediate access to the Licensed Premises 24 hours a day, 7 days a week.
Licensee shall provide City with a key to any gated area. Further, should
it be necessary for City to remove any fencing or other fixtures, structures,
personal property, etc. from the Licensed Premises in order to construct,
maintain, replace, and/or repair utilities under or over the Licensed
Premises, the fence may be removed by the City at Licensee's expense.
Any replacement or repair of the fence shall also be the responsibility of
and at the cost and expense of the Licensee.
d. Licensee agrees that the License Area shall not and will not be used in a
manner which adversely impacts the health and safety of the License Area,
the neighboring properties, and those individuals who may be In, on,
about, over, or near the License Area.
6. Limitations on Use. Licensee agrees that it shall not:
a. Permit the License Area, without the advance written consent of the City,
to be used or occupied by any person, firm, entity or corporation other
than Licensee and its agents.
b. Permit or allow any nuisance or hazardous activity, trade or occupation to
be permitted or ~aqied on, in or upon the License Area.
I
c. Keep in or about the License Area any property, item(s) or thing(s) that
have the effect of increasing the risk of any hazard, fire or catastrophe.
d. Permit or commit upon the License Area, any waste, injury, or damage of
any kind.
e. Permit the License Area to be used or occupied in any manner which
violates any laws, rules, statutes, ordinances, policies, or regulations of
any governmental entity, including City.
f. Park or store equipment or vehicles on any portion of the licensed License
Area.
g. Permit, install, or construct any pavement, structures, gazebos, decking,
gyms, tiki huts, or any other obstructions or equipment other than
irrigation equipment and fencing as provided in Section 9 on the License
Area.
h. Conflict with any and all private and public utilities located or to be
located in the License Area.
7. Assignment. Licensee shall not voluntarily, involuntarily or by operation
of law, assign, sell, pledge, grant a security interest, or in any manner transfer the License
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Rev. 04/29/05
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or any interest therein or grant any right to the License Area without the prior written
consent of City, which such consent City may grant or withhold in its absolute discretion.
8. Damage to Premises. Licensee shall not, by its use or occupancy, cause
any damage to the License Area. Licensee agrees that all personal property placed upon
the License Area shall remain the property of Licensee unless not removed when
requested by City and shall be placed upon the License Area at the sole risk of Licensee.
Licensee shall give the City, or its designated agent, prompt written notice pursuant to
Section 17 of this Agreement, of any occurrence, incident or accident occurring on the
License Area.
9. Permits.
a. The Licensee shall obtain a permit for the installation of any irrigation
equipment, including but not limited to sprinklers and sprinkler equipment
and plumbing. Such permit will be issued after Licensee or its contractor,
submits a permit application and acceptable plans to the City in
accordance with the City of Boynton Beach Code of Ordinances and the
Florida Building Code.
b. The Licensee shall obtain a permit for the installation of any fencing, on
the License Area.. Such permit will be issued after Licensee or its
..., . ~
contractor, submits' a permit application and acceptable plans to the City in
accordance with the City of Boynton Beach Code of Ordinances.
Concrete, block or similar walls shall not be permitted on the License
Area.
c. The Licensee shall submit plans for the installation of any such
improvements to the City at least thirty (30) days before beginning
installation work and shall not install any improvements until written
approval and permit is obtained from the City.
d. The Licensee shall notify the City within five (5) days after installation of
any permitted improvements has been completed. The City may require
Licensee to reinstall or remove the improvements if the improvements do
not comply with the approved plans.
e. Licensee is responsible for assuring that its approved contractor also
observes all laws and ordinances of the CITY, County, State and Federal
agencies having jurisdiction over the operation ofthis Project.
f. The City, its agents and its authorized employee may enter upon the
License Area at all reasonable times and hours to examine same to
determine if Licensee is properly maintaining the License Area and any
improvements permitted by this Agreement.
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10. Indemnification.
a. Licensee shall indemnify, defend and hold harmless the City, its officers,
agents and employees, from and against any and all claims, suits, actions,
damages, liabilities, expenditures or causes of action of any kind arising
directly or indirectly from this Agreement and resulting or accruing from
any intentional act or any negligent act, omission or error of Licensee
which in turn results in or relates to injuries to body, life, limb or property
sustained in, about or upon the License Area or the improvements or both,
arising from the use of the License Area.
b. Licensee shall defend, at its sole cost and expense, and legal action, claim
or proceeding institute by any person against the City as a result of any
claim, suit or cause of action accruing or in any way arising out of this
Agreement for injuries to body, life, limb or property as set forth above.
c. Licensee shall save the City harmless from and against all judgments,
orders, decrees, attorneys' fees, costs, expenses and liabilities incurred in
and about any claim, and the investigation or defense of them, which
maybe entered, incurred or assessed as result of the foregoing.
11. Insurance.
'!'. ,. !
a. Without limiting any of the other obligations or liabilities of Licensee,
Licensee shall provide, pay for and maintain in force the insurance
overages set forth in this section, at all times as well assure the City
coverage of the protection contained in the foregoing indemnification
provision undertaken by the Licensee.
b. Comprehensive general liability with mImmum limits of one million
dollars ($1,000,000.00) per occurrence, combined single limit for body
injury liability and property damage liability coverage, shall be afforded
and shall include:
(1) premises, operations or both; and
(2) City is to be included as an "additional named insured; and
(3) Notice of Cancellation and/or Restriction - the policy(ies) must be
endorsed to provide City with thirty (30) days' advance written
notice of cancellation or restriction.
c. Licensee shall provide the City with a copy of all insurance policies
required by this paragraph showing the City has been named as an
additional named insured under such policies.
d. Renewal of the insurance and provision of a copy of such renewal to the
City on an annual basis is the responsibility ofthe Licensee.
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e. Upon request by City, Licensee shall provide the City with a copy of all
insurance polices required by this paragraph showing that City has been
named as an additional named insured under such policies.
12. Maintenance and Repair of Licensed Premises; Removal.
a. It shall be the responsibility of Licensee to maintain and keep the License
Area clean, sanitary and free from trash and debris. The upkeep and
maintenance of the License Area licensed under this Agreement shall be
borne solely by Licensee, and Licensee agrees to maintain the License
Area in accordance with the terms and conditions of this Agreement and
consistent with prudent and reasonable maintenance procedures and
techniques. Licensee specifically agrees to install and maintain the
improvements in a manner that will not pose a hazard to persons or
vehicles on adjacent property or the improved right-of-way. Licensee
acknowledges and agrees that this maintenance and upkeep responsibility
extends to any portion of the License Area which may be located on the
other side of a fence or wall of Licensee.
b. Licensee agrees that it will replace any and all landscaping and public
improvements which are damaged as a result of the construction of the
Project utilizin~. fhe same quality of materials and workmanship as
approved by the City Engineer of City.
c. Licensee acknowledges that it will bear any and all costs associated with
removal of any improvements encroaching on the License Area upon
receipt of notice to remove from City. In the event Licensee fails to
remove all or any part of such improvement or encroachment within thirty
(30) days after written demand by the City to do so, City is authorized to
remove the encroachment or any portion of it and all costs associated with
the removal shall become a lien against the real property described in
Exhibit "B" of this Agreement, which lien may be enforced through
foreclosure and shall include court costs and reasonable attorneys' fees.
13. Amendment. No modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless approved and executed,
with the same formality and of equal dignity herewith.
14. Surrender Upon Termination. Licensee shall peaceably surrender and
deliver the License Area to the City or its agents immediately upon expiration of the term
of this Agreement. Licensee shall remove from the License Area, at Licensee's own
expense, anything placed on the License Area unless the City, in writing, authorizes
licensee to leave any landscaping, improvements or both on the License Area. The City
shall have no obligation to move, reinstall, replace or in any way compensate Licensee
for any loss resulting from or arising out of the termination of this Agreement. The
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Licensee agrees to return the License Area to a safe condition following removal of the
improvements. Licensee shall be obligated to repair or pay for any damage to the
License Area resulting from the removal of the improvements.
i
15. Waiver. Failure of the City to insist upon strict performance of any
covenant or condition of this Agreement or to exercise any right contained in this
Agreement shall not be construed as a waiver or relinquishment for the future of any such
covenant, condition or right, but the same shall remain in full force and effect. None of
the conditions, covenants or provisions of this Agreement shall be waived or modified
except in writing and by the parties to this Agreement.
16. Termination. This Agreement may be canceled with or without cause at
any time by either party upon ninety (90) days written notice to the other of its desire
terminate Agreement.
17. Notice. Any notice or demand, which under the terms of this Agreement
or by any statute or ordinance is to be given or made by either party, shall be in writing
and shall be given by certified or registered mail, return receipt requested, sent to the
other party at the address set forth below, or to such other address as such party may from
time to time designate by notice:
IF TO CITY:
-..- . i
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33325
IF TO LICENSEE:
18. No Property or Contract Right. Licensee expressly acknowledges that
pursuant to the terms hereof, it gains no property or contract right to the continued
maintenance of the License Area, other than as expressly provided herein. Licensee
further acknowledges that the License granted herein is revocable at the will of the City
and in the City's sole and unfettered discretion, subject to the terms and conditions
hereof.
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19. Taxes. Assessments: Operating Costs and Utility Charges.
a. Licensee shall payor cause to be paid all real estate taxes, assessments and
other similar payments, usual or unusual, extraordinary as well as
ordinary, which shall during the term be imposed upon, become due and
payable, or become a lien upon the License Area or any part thereof, but
specifically limited to such taxes or assessments which accrue after the
Effective Date hereof, by virtue of any present or any future law of the
United States of America or of the State of Florida or of any county or
municipal authority. Licensee shall, upon request, exhibit receipt for such
payments to the City annually. Further, subject to Section 19.b. below, as
of the Effective Date hereof, Licensee shall payor cause to be paid all
operating expenses, such as those for light, electricity, charges for water,
and all costs attributable to the maintenance and operation of all
improvements to be erected upon the License Area or landscaping within
the License Area.
b. Licensee shall have the right to review, by legal proceedings, any taxes,
assessments or other charges imposed upon it. If any such taxes,
assessments or other charges shall be reduced, canceled, set aside or to any
extent discharged, the Licensee shall pay the amount that shall be finally
assessed or impJsid against the License Area or adjudicated to be due and
payable on any disputed or contested items.
c. If, as a result of any legal proceedings pursuant to the provisions of section
19.b. hereof, there is any reduction, cancellation, setting aside or discharge
of any tax or assessment, the refund shall be payable to Licensee, and if
such refund be made to the City, then and in that event the City shall
regard such refund as held in trust for the benefit of Licensee and shall
immediately pay over the same to the Licensee. The term "legal
proceedings" as used in this Section shall be construed to include
appropriate appeals from any judgments, decrees or orders, or certiorari
proceedings.
20. License. not Lease. It is acknowledged and stipulated by and between
the parties hereto that this Agreement shall not be deemed a lease of the License Area by
City but rather a License granted to Licensee by City to use and occupy the License Area
under the terms and conditions stated herein.
21. Recordation. This Agreement shall not be effective until it has been
executed by all parties and recorded by Licensee in the Public Records of Palm Beach
County, Florida, at Licensee's expense. Immediately thereafter, a copy of the recorded
Agreement shall forthwith be filed with the City Clerk of City by the Licensee.
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22. Covenants running with the land. The provisions of this Agreement are
covenants running with the land described as Licensee's property above, and are binding
upon Licensee and its respective successors and assigns.
23. Execution. This Agreement shall be of no force and effect if not properly
executed by all parties within ninety (90) days from the date first appearing above, unless
the parties by mutual agreement in writing shall, for good cause, extend the time for
execution.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above.
CITY OF BOYNTON BEACH
Mayor
Attest! Authenticated:
City Clerk
Approved as to Form:
Office of the City Attorney
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WITNESSES:
LICENSEE
[Witness print/type name]
[Witness print/type name]
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
The foregoing,.. .instrument was acknowledged before
2005 by
and on behalf of
corporation. He/she is personally known to me or has
as identification and did not (did) take an oath.
me this
as
a
produced
(SEAL)
Notary Public, State of Florida Signature of
Notary taking Acknowledgment)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
h:\l 990\9001 82.bb\agmt\revocable license - florida collision.doc
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Revocable License - Florida Collision
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Revocable License - Florida Collision
Rev. 04/29/05
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EXHIBIT "B"
LICENSEE'S PROPERTY
,,'
l.,
12
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum
TO:
David Kelley, Jr., City Engineer
CC:
jJeffLiVergood, Director of Public Works
. Michael Rump, Director of Planning & Zoning
Michael J. Pawelczyk, Assistant City AttornefY6)(
March 25,2005
FROM:
DATE:
RE:
City of Boynton Beach ("City")\Proposed Alley Abandonment for Florida
Collision Center and Boynton Beach Real Estate Enterprises, Inc.
N.E. 8th and N.E. 9th Avenues
Enclosed please find correspondence from Attorney, Carl A. Cascio whose client is apparently
pursuing an abandonment at the above location. Mr. Cascio has requested that our office prepare
a Revocable License Agreement.
Before I initiate preparation of the Revocable License Agreement, I need direction from City
staff as to whether or not a Revocable License Agreement as described in the attached
correspondence should be prepared.
Accordingly, please advise whether or not a Revocable License Agreement should be prepared,
and if so, provide me with the appropriate exhibits for a Revocable License Agreement including
the legal description, sketch of the license area, and postal address of the license property.
I look forward to your immediate response. I will be providing a copy of this memorandum to
Carl. A. Cascio, Esq. for his information.
MJP:dk
Attachment( s)
h:\1990\900182.bb\memo 2005\kelley (proposed alley abandonment).doc
foIr ~ ~ ~ ~ W ~ m!
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LAW OFFICES
Carl A. Cascio, EA.
PINEAPPLE GROVE PROFESSIONAL CENTER
525 N.E. 3RD AVENUE
SUITE 102
DELRAY BEACH, FLORIDA 33444
TELEPHONE (561) 274-7473
FAX (561) 274-8305
www.casciolaw.com
Carl A. Cascio
OF COUNSEL
Gary S. Gaffney
BOARD CERTIFIED REAL ESTATE ATTORNEY
March 17,2005
Mike Pawelczyk, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Fort Lauderdale, FL 33308
Re: Proposed Alley Abandonment
Florida Collision Center, and
Boynton Beach Real Estate Enterprises, Inc.
NE 8th and NE 9th Avenues
Dear Mike:
It is my understanding that David Kelley, Jr., the City Engineer had forwarded a letter of
March 10, 2005 in reference to the above referenced proposed alley abandonment. In his letter, he
referenced a Revocable License Agreement that would be prepared by the City Attorney's office that
my client would be required to executed in connection with this abandonment. I would appreciate
it if you could immediately forward to my attention a copy of any proposed Revocable License
Agreement for my review.
If you are in need of any additional information which may have not already been provided
to you, please do not hesitate to contact my office and speak with my secretary, Teresa and she will
be happy to forward these to your attention.
Very truly yours,
~/ ~c__~,~
4!;;!:~ascio
CAC/tfgw
cc: client
..
'0
The City of Boynton Beach
P.D. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX- (561) 742-6285
www.boynton-beach.org
OFFICE OF THE CITY ENGINEER
March 10, 2005
OO~@~OW~[Q)
MAR 1 0 2005
Carl A. Cascio, P.A.
525 N.E. 3rd Avenue - Suite 102
Delray Beach, Florida 33444
PLANNING AND
ZONING DEPT.
Re: Proposed Alley Abandonment
Florida Collision Center, and
Boynton Beach Real Estate Enterprises, Inc.
NE 8th and NE 9th Avenues
Dear Mr. Cascio:
This Division is in receipt of your March 18t letter, received on March 4th in regards to the above
noted subject matter. As I stated to you in our last letter of January 25,2005, the 10-foot alley
contains both a 4-inch water main and a 8-inch VCP sewer line, both "live and well" and servicing
several properties (including your clients) along both Railroad Avenue (NE 4th Street) and NE 3rd
Street to the west. This Division cannot concur with any abandonment application on this alley in
order to accommodate your client(s) intention to create a unity oftitle on the three (3) contiguous
parcels (lots 148 thru 150) of property [actually it appears that four (4) parcels (including made up
lot components to the west) are the crux of your discussion], unless the existing right-of-way would
be converted into a utility easement (not to be fenced in) for its full length and width. Your letter
appears to agree with this condition, per se.
However and as an alternative, and having stated this Division's position, the City Attorney's
Office has developed a revocable license agreement that possibly could be used that would allow
the fencing of the property for security purposes, but would provide that the City could revoke the
license at anytime, would require insurance and indemnification requirements, provide access to the
City (especially to access the utility lines contained therein), and provide that the City would
require the removal ofthe fence for any purpose (i.e., utility lines). This avenue would require your
client's agreement with the City Attorney's Office on the parameters of the license agreement,
along with concurrence of the City's Utilities Department and this Division.
Again, if you have any further questions, please advise this office.
America's Gateway to the Gulfttream
.
..
Carl A. Cascio, P.A.
Proposed Alley Abandonment, FL Collision Ctr. & RR Real Estate Enterprises, Inc.
March 10, 2005
Page 2
Sincerely,
#~
H. David Kelley, Jr. P
City Engineer
HDK/ck
xc: Peter Mazzella, Deputy Utility Director
Mike Pawelczyk, City Attorney's Office
Mike Rumpf, Director, P & Z Division
Ed Breese, Principal Planner, P & Z Division
File
S:\Engineering\Kribs\Abandonment (Alley)-Fl Collision Ctr & B.B. Real Estate Enterprises, NE 8th & 9th A ve..doc
~
LAW OFFICES
Carl A. Cascio, EA.
Carl A. Cascio
PINEAPPLE GROVE PROFESSIONAL CENTER
525 N.E. 3RD AVENUE
SUITE 102
DELRAY BEACH. FLORIDA 33444
TELEPHONE (561) 274-7473
FAX (561) 274-8305
www.casciolaw.com
OF COUNSEL
Gary S. GaHney
BOARD CERTIFIED REAL ESTATE ATTORNEY
March 1, 2005
H. Dave Kelley, Jr. City Engineer
Boynton Beach City Hall
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Florida Collision Center and Boynton Beach Real Estate Enterprises, Inc.
Abandonment of Alley Right of Way
Dear Mr. Kelley:
I am in receipt of your letter of January 25, 2005. As I gather from your letter, you appear
to be concerned with the possibility of any improvements being constructed within the alley right
of way which may require the relocation of the utility systems. Your last sentence in paragraph two
seemed to indicate that because the relocation of the utility systems would be cost prohibitive, that
you would recommend denial or disapproval of the application.
Please accept this letter as our attempt to address your concerns on this matter. Specifically,
my client currently owns three parcels which are all contiguous as set forth in the surveys, which
were forwarded to you under cover letter of January 21,2005. The purpose of the Application for
Abandonment of the alley right of way is so that my client can file a unity of title on all of his
properties. These properties currently have three separate tax parcel identification numbers requiring
my client to pay three separate tax bills each year. By abandonment of the right of way, this will
allow for unification of title and my client will only have to pay one tax bill under on parcel
identification number. I am sure you would agree that this makes more sense and is much more
streamlined for my client.
Additionally, my client would be willing to dedicate an easement to the City of Boynton
Beach for any and all utilities, including the water main and waste water lines, that lie within the
alley right of way, which would preserve the easement area in its current condition and allow for
maintenance of the utilities by the City without any interference. My client has no plans to build
over any portion of the alley right of way or to make any physical improvements or accessory units
within the alley right of way. Additionally, my client will allow the continued access to the easement
as it currently exists.
Ifthere are any other concerns which you have, which led to your initial recommendation for
denial or disapproval of the Application for Abandonment of the alley right of way, I would
appreciate it if you could outline those so that we may be afforded the opportunity to address those
before making application for the abandonment. I hope this letter has addressed any and all concerns
you have with the Application for Abandonment with respect to the City Utility Departments
continued access to its water main and waste water lines.
I look forward to your response to this matter.
Very truly Y<::l,~r.s:,:::->
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Carl A. Cascio
CAC/tfgw
cc: Mike Rumpf, Director of Planning and Zoning Division
Ed Breese, Principal Planner, Planning and Zoning Division
Client
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LAW OFFICES
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Carl A. Cascio, RA.
Carl A. Cascio
PINEAPPLE GR'
525 N.E. 3RD AVENUE
SUITE 102
DELRAY BEACH, FLORIDA 33444
TELEPHONE (561) 274-7473
FAX (561) 274-8305
www.casciolaw.com
OF COUNSEL
Gary S. GaHney
BOARD CERTIFIED REAL ESTATE ATTORNEY
November 2, 2004
Jim Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Fort Lauderdale, FL 33308
Re:
My client:
Andrew Cohen
Florida Collision Center
Dear Jim:
Please be advised the Law Office of Carl A. Cascio, P.A. represents Florida Collision
Center and Andrew Cohen in connection with his recent rezoning of his properties in order to
unify the zoning and land use. My client at this time wishes to move forward with unification of
title to all the parcels that he now owns and on which the business is located.
However, in order to accomplish this, you require the City to abandon its right of way of
the alley way which lies in between the parcels prior to this unity of title. I am enclosing a copy
of a survey for your review so you may locate the alley way which we are requesting that the City
abandon at this time.
Please contact me at your earliest convenience or direct me to the appropriate person in
planning and zoning to deal with so that we can move forward with this abandonment process.
Very truly yours,
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Carl A. Cascio
CAC/tfgw
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CONe = CONCRETE
LR. = 5/8" RON ROO WITH CAP #L8 353
HAL = NAL AM) DISK /1.8 353
+12.31" [LEVA T/ON BASED ON NA TIONAL
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LOTS 148. 149 AM) 150 ARDEN PARI<, ACCORDNG
TO TfC PLA T TfCREOF AS RECORDED tv PLA T
BOOK 2. PAGE 96; PLfJUC RECORDS OF PALM
BEACH COUVTY. FLORDA.
MAP OF
BOUNDARY SURVEY
IIERCBY CCRTFY THAT TI6 Sll!VfY WAS /IADC IJIlJER AlY RESPONSIBlL ~
AIIJ./ltfTS THE: IiHA.IM TCCHICAL STAJI)ARDS AS SCT FORTH 1/y ntfFLORf)A
.' BOARO. OF PROFCSSlONAL Sll!VfYORS AND IJAPPCRS II CHAPTeR t11G'7-6. FLORIDA
AOIMSTRAT/VC COOC. Pf.f1SUANT ro SECTION 472.027. FLORIOA STATUTCS,
PAUL D. ENGLE
/lOT VAW WITHOUT TIE SlGNAMf: AND SURVEYOR AND MAPPER #:5708
TI/C _L RAISCD SEAL OF A FlORJDA
lK;CNSEO SURVCYOR A/IO lIAPPC1I.
O'BRIEN, SUITEf?'~'O'BRIEN, INC.
LAND SURVEYORS .
CERTIFICA TE Of AUTHORIZAJ1ON ILBJ5J
SURVEYOR AND IiAPPER ~ RfSPONSBLE CHARGE: PAUl. D. ENGLE
2601 NORTH FmfRAL HlGHWA r. DfiRA Y BEACH, FLORfDA JJ48J
(561) 276-4501 7J2-J279 FAX 276-2J90
MFr CF SUMY
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DESCRIPTION:
THE EAST 50 FEET OF LOT 145, TOGETHER WITH THE
EAST 35 F::::T or ~)TS 145 N!D 14?,~RDf.N PARK,
ACCORDtVG TO THE PLA T T/-EREOf' AS Rf$ORDE:D IV
PLA T BOOK 2, PAGE 96 Of' TI€ PUBLIC ~caRDS'bF
PALM Bt'A'CH COUVTY, FLORIJA. .
(J,5JlfikAN> 50 FEET Dl..tENSIONS ARE AS MEASURED
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MAP OF BOUNDARY SURVEY
I HEREBY CERTIFY THA T THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE
AND lEfTS THE: /J/N/MUIJ TfCHNlCAL STANDARDS AS SfT FORTH BY THE: FLORiDA
BOARODF1fIOFESS1ONAI:.SuRVEYOI/S.pfJJlAPPE:RS 1/ CHAPTfR 611;1l,6. FLORfOA
ADMlNlSTRATIVf: coot, PlIISUANT'TOEtDM72,f/27.!!-f!l!'PA_"'!',I.!f1Tf5.
'0
NOT VALO WITHOUT THe SIGNA rlJRC AND
THE ORIGINAL RAISED SCAL OF A FLORIDA
LICENSED SURVCYOR AND MAPPeR.
O'BRIEN, SUITER & O'BRIEN, INC.
LAND SURVEYORS
CERTIFICA TE OF AUTHORIZA nON ILB353
SURVEYOR ANO MAPPfR IN RESPONSIBLE CHARGE: PAUL 0 ENGLE
2601 NORTH FEDERAL HlGHWA Y, OELRA Y BEACH, FLORIDA 33483
(561) 276-4501 7J2-J279 FAX 276-2J90
OA TE OF SlAI.-ry
WI Y 2~ 2001
FELO BOOK PAGE NO.
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(WITlESS CORtER)
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-041
MIIt&,
TO:
Michael J. Pawelczyk
Assistant City Attorney
City Attorney Office ?-
H: David. Kelley, Jr., PE/PSM '
City Engmeer '
DATE:
April l, 2005
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FROM:
SUBJECT:
Revocable License Agreement
to-foot Public Alley
Florida Collision Center
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IA W with your March 25, 2005 memorandum on the above noted subject, please be advise that this
Division steadfastly has held for denial of any abandonment of the 10- foot alley in this area (refer to your
copy of our letter of January 25th to Attorney Cascio). You are reminded that our March loth letter to Mr.
Cascio offered an alternative of creating a revocable license agreement of this alley in lieu of any
abandonment, which was subsequent to our discussion on the subject. You are reminded that this alley
contains both water and wastewater system lines servicing the general area. Thus, abandonment is not an
option.
Please prepare a Revocable License Agreement, which would allow Florida Collision Center the use of
the alley real estate since they own property on both sides of the alley, allow them to fence in their
'compound' for control purposes, but would allow the city's Utilities Department accessibility to service
the utility systems within the 'compound' in the event it was necessary.
Attached is two (2) copies of the proposed Exhibit "A" containing the legal description of the lO-foot
alley, and a pictorial exhibit reflecting its location. There is no postal address for this alley.
If you have any questions as to the logical approach of this issue or what the Department of Public Works
/ Engineering Division is agreeing to accomplish, please advise me. Your effort on this matter will be
appreciated.
HDK/ck
xc: Jeff Livergood, PE, Director of Public Works
Peter Mazzella, Deputy Utilities Director
Ed Breese, Principal Planner, P & Z Division
File
S:\Engineering\K.ribs\Florida Collision Center, Revocable License Agreement - 10' Public Alley.doc
EXHIBIT "A"
CONVERSION OF RIGHT -OF- WAY
TO UTILITY EASEMENT
LEGAL DESCRIPTION
A 10-foot alley located south ofNE 9th Avenue, east of Lots 145 thru 147, north ofNE 8th
Avenue, and west of Lots 148 thru 150, as shown on the plat of ARDEN PARK, an Addition to
Boynton, Florida, as recorded in Plat Book 2, Page 96, Public Records of Palm Beach County,
Florida.
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